Zoning Board of Appeals April 19, 2017 Meeting Minutes Held at the Patterson Town Hall 1142 Route 311 Patterson, NY 12563

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1 PLANNING DEPARTMENT P.O. Box Route 311 Patterson, NY Sarah Mayes Mary Schartau Secretary Telephone (845) FAX (845) TOWN OF PATTERSON PLANNING & ZONING OFFICE April 19, 2017 Minutes Page 1 ZONING BOARD OF APPEALS Lars Olenius, Chairman Mary Bodor, Vice Chair Marianne Burdick Michael Carinha Stephanie Fox PLANNING BOARD Thomas E. McNulty, Chairman Ron Taylor, Vice Chair Michael Montesano Edward J. Brady, Jr. Robert F. Ladau Zoning Board of Appeals April 19, 2017 Meeting Minutes Held at the Patterson Town Hall 1142 Route 311 Patterson, NY Present were: Chairman Lars Olenius, Board Member Mary Bodor, Board Member Marianne Burdick, Board Member Michael Carinha, Board Member Stephanie Fox, and Nancy Tagliafierro Attorney with the Town Attorney s Office Mary Schartau was the secretary and transcribed the following minutes. There were approximately 8 audience members present. Chairman Olenius called the meeting to order at 7:00 p.m. 1. Robert Meyer: Case #01-17 Special Use Permit: Accessory Apartment 200 Big Elm Road Tax Map Parcel # No one was present to represent the application. Robert Meyer: Case #01-17 Special Use Permit & Area Variance: Accessory Apartment (Held over from the March 15, 2017 meeting) Applicant is requesting a Special Use Permit for an accessory apartment pursuant to of the Patterson Town Code: Accessory apartments. Applicant is also requesting an area variance pursuant to A(3) of the Patterson Town Code: Accessory apartments. Code states that the floor area of the apartment shall be greater than 400 sq. ft. and less than 600 sq. ft.; Applicant s apartment will be 647sq. ft.; Variance requested is for 47 sq. ft. This property is located at 200 Big Elm Road (R-4 Zoning District).

2 April 19, 2017 Minutes Page 2 Chairman Olenius remained recused. Board Member Bodor explained that the case would need to be held over another month until the Planning Department was in receipt of a letter from the Putnam County Department of Health granting their approval for the project. 2. Joseph Tanzi: Case #06-17 Special Use Permit Renewal: Accessory Apartment Fair Street Tax Map Parcel # Joseph Tanzi and Eileen Myers were present to represent the application. Joseph Tanzi: Case #06-17 Special Use Permit Renewal: Accessory Apartment Applicant is requesting to renew the Special Use Permit for an existing accessory apartment pursuant to of the Patterson Town Code: Accessory apartments. This property is located at Fair Street (R-4 Zoning District). Chairman Olenius explained to Mr. Tanzi that while the accessory apartment had already been granted a special use permit, it did need to be reviewed in order for the Board to grant a renewal; Mr. Tanzi confirmed that David Raines had visited the accessory apartment and issued a Certificate of Rental Registration Compliance. Chairman Olenius stated that a checklist had not yet been submitted and duly signed by the Building Inspector, and the application, therefore is not complete and a decision cannot yet be rendered. Nancy Tagliafierro informed the Applicant that the Building Inspector had issued a memo to the Zoning Board stating that the property was in violation due to the existing accessory building being more than 1/3 the size of the principal dwelling at the time of construction; Ms. Myers argued that the data on the property card provided by the Assessor s Office was incorrect and that she had spoken with both that office and the Building Department to clarify this issue. Nancy Tagliafierro informed Ms. Myers that if that were the case, those offices would have to confirm that information with the Zoning Board before their case could continue to be heard. Board Member Burdick explained to the Applicant that the Building Inspector will have to be allowed into the home to inspect the accessory apartment and sign off on the checklist; Ms. Myers confirmed that she would need a completed checklist before the next Zoning Board meeting, and Nancy Tagliafierro stated that the Building Inspector would also need to notify the Zoning Board that there are no outstanding violations on the site. Chairman Olenius noted that because the accessory apartment was previously approved, he does not foresee any issues in approving the permit renewal once these issues are cleared up. 3. Joseph Tanzi: Case #07-17 Special Use Permit: Accessory Building Fair Street

3 Tax Map Parcel # April 19, 2017 Minutes Page 3 Joseph Tanzi and Eileen Myers were present to represent the application. Joseph Tanzi: Case #07-17 Special Use Permit: Accessory Building Applicant is requesting a Special Use Permit to convert an existing 1,200 sq. ft. barn on the property into a three-bedroom, single family dwelling pursuant to of the Patterson Town Code: Accessory buildings. This property is located at Fair Street (R-4 Zoning District). Chairman Olenius explained that the Board would not be able to make any decisions on this application until the violations discussed in the previous case are cleared up, but invited Mr. Tanzi to explain the history of the barn in question; Mr. Tanzi explained that he used to breed horses and that when he constructed the barn on the site, former Building Inspector John Calbo required him to construct a 38-inch foundation. He stated that when he stopped breeding horses, the building began to be used for storage; it has a cement floor and new roof, and he wants to convert the barn to a 1,200 sq. ft. rental home for his brother to live in. Chairman Olenius asked Mr. Tanzi if an accessory dwelling already existed on his property; Mr. Tanzi explained that there is a modular home on his property that serves as an accessory dwelling. He explained that he is on a limited income and requires the additional income to afford the taxes in the area; Chairman Olenius explained that it is unusual for a single property to have two habitable accessory structures on it. Mr. Tanzi explained that he believes he is in a zoning area where multiple dwellings are permitted, and pointed to the condominium complex adjacent to his property (Misty Hills). Nancy Tagliafierro explained that the property is in an R-4 Zoning District, which is a singlefamily district, and that the Zoning Board will have to determine whether more than one accessory dwelling structure is allowed on a single parcel per the Town Code.; she then questioned whether the Applicant should, in fact, be applying for a use variance, in which case he would be required to prove that he cannot get a reasonable return on his property by showing the Board financial records to illustrate the hardship. She confirmed that her interpretation of the code allows a single accessory dwelling on the property; Mr. Tanzi stated that he is unwilling to subdivide his property into separate parcels for the dwellings due to the costs involved. Ms. Myers questioned why converting the barn would be an issue, as the barn is already in existing and only the use would be changing; Nancy Tagliafierro confirmed that the use on the site is the problem, rather than the structure itself. The Board instructed the Applicant to first ensure that the violations on the site had been cleared up and that the accessory apartment compliance checklist is completed; Chairman Olenius then stated that the Town will have to look into this issue further and encouraged the Applicant to confer with their own attorney to determine how best to apply for a use variance, if they felt that one was, indeed, needed. The Board urged the Applicant to review the Code online and determine their best course of action. Chairman Olenius made a motion to hold over the public hearing. Board Member Burdick seconded the motion. Motion passed by a vote of 5 0.

4 April 19, 2017 Minutes Page 4 4. Beatriz Morocho: Case #08-17 Special Use Permit: Taxicab Service 8 Empire Drive Tax Map Parcel # Beatriz Morocho was present to represent the application. Beatriz Morocho: Case #08-17 Special Use Permit: Taxicab Service Applicant is requesting a Special Use Permit to operate a single-car taxicab service out of the dwelling pursuant to of the Patterson Town Code: Livery and taxicab services. This property is located at 8 Empire Drive (RPL-10 Zoning District). The Applicant explained that she is looking to operate a single-car taxi service, and that there will be no business signs outside of the dwelling. She confirmed that she has adequate off-street parking. Chairman Olenius made a motion to close the public hearing. Board Member Bodor seconded the motion. Motion passed by a vote of 5 0. Chairman Olenius made a motion to grant the request of Beatriz Morocho for a Special Use Permit to operate a single-car taxicab service out of her residence. Board Member Carinha seconded the motion. Motion passed by a vote of Andrew Pietris: Case #09-17 Area Variances: Deck 25 Isabella Court Tax Map Parcel # Andrew Pietris and John Lentini (architect) were present to represent the application. Andrew Pietris: Case #09-17 Area Variances: Deck Applicant is requesting an area variance pursuant to of the Patterson Town Code; Schedule of regulations, in order to construct an 800 sq. ft. attached deck on rear of the dwelling. Primary structures are required to meet a minimum side yard setback of 40 ; Applicant will have 8 ; Variance requested is for 32. Primary structures are also required to meet a minimum rear yard setback of 80 ; Applicant will have 2 ; Variance requested is for 78. This property is located at 25 Isabella Court (R-4 Zoning District). Mr. Lentini explained that the Applicant had retained his services after the application had been made to the Zoning Board; he submitted several renderings of the proposed deck and a plot plan to the Board Members for inclusion in the property file. Mr. Lentini stated that the property is challenged in that it has a very small backyard, and drops off rapidly at the stone wall, with a common area behind the house; he also confirmed that there is a vacant lot to the west. The proposed deck will start at the grade of the house, and extend to cover the rock wall, where it will end approximately 9 over the ground. Mr. Lentini stated that the hardship faced by the homeowner is how the addition of a deck to the home would affect the property value, with

5 April 19, 2017 Minutes Page 5 deck living now being a highly-desirable lifestyle; he also pointed to how the odd shape of the lot challenged the addition of any structure to the rear of the house. He stated that the look would conform to the aesthetics of the neighborhood, and he s looking to utilize it to enhance the owner s enjoyment of the common area; Mr. Pietris stated that he designed the deck in a way that he felt blended well with the surrounding greenery. Board Member Carinha asked what the common area consisted of; Mr. Pietris confirmed that it was composed of 80 acres of walking trails. Chairman Olenius confirmed that because of the size of the variances requested, he would prefer that the Board go out to walk the site; Mr. Pietris confirmed that the site had already been staked. Chairman Olenius made a motion to hold over the public hearing. Board Member Bodor seconded the motion. Motion passed by a vote of Other Business A. Lead Agency Notice Chairman Olenius made a motion to consent to the Planning Board s status as lead agency for the site plan and wetlands/watercourse permits applications for Clancy Properties at 2963 Route 22. Board Member Burdick seconded the motion. Motion passed by a vote of 5 0. B. Site Walks The Board scheduled a site walk for Case #09-17 for Monday, May 15, 2017 at 4:30 PM, with a rain date of Tuesday, May 16, 2017 at 4:30 PM. C. Minutes Chairman Olenius made a motion to approve the March 15, 2017 meeting minutes as submitted. Board Member Burdick seconded the motion. Motion passed by a vote of 5 0. D. Counsel Nancy Tagliafierro informed the Board that she was in receipt of a decision from the appellate division on the Article 78 filed by Mr. Tavano reversing the Supreme Court s finding and reinstating the Board s original determination that the 256 sq. ft. structure on Mr. Tavano s property at 17 Wesley Road was, in fact, not a boarding house. Chairman Olenius made a motion to adjourn. Board Member Carinha seconded the motion. Motion passed by a vote of 5 0. Meeting adjourned at 8:00 PM.

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